CG (Deceased) on behalf of the Badimia People v State of Western Australia (No 2)

The Badimia People, on behalf of the deceased CG, brought a claim against the State of Western Australia regarding the existence of native title over certain lands and waters. This case was heard by the Federal Court of Australia, which had to decide whether it had the authority to make a negative determination in the absence of an application from a non-claimant and whether it should exercise such authority in relation to the claimed area. The Badimia People's claim was contingent on the success of the Badimia claim, which had previously been dismissed.

The legal issues before the Court were whether it had the power to make a negative determination under the Native Title Act 1993 (Cth) when no non-claimant had applied and whether it should exercise that power in the circumstances of this case. The Court examined the provisions of the Act and relevant case law to determine the scope of its authority and the appropriate exercise of discretion in such matters. The Court considered the implications of the previous dismissal of the Badimia claim and the impact of a negative determination on the Badimia People.

In its decision, the Court concluded that it did indeed have the power to make a negative determination under the Act, even in the absence of a non-claimant application. It also determined that exercising this power was appropriate in this case, given the dependency of the Badimia People's claim on the earlier dismissed claim and the lack of evidence to support the existence of native title over the claimed area. Consequently, the Court dismissed the Badimia People's claim and declared that native title did not exist over the specified land and waters. The Court also dismissed the proceeding without ordering costs for either party.